Loading...
Minutes 07-03-90 MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 3, 1990 AT 6:00 P. M. PRESENT Gene.Moore, Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk James Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. The Invocation was given by Commissioner Olenik. The Pledge of Allegiance to the Flag was led by City Attorney Jim Cherof. AGENDA APPROVAL Commissioner Weiner wished to delete "NEW BUSINESS," A. 1 and 2. Under "NEW BUSINESS," A. 1, Mayor Moore requested General Discussion on the Need for Annexation. Under "OLD BUSINESS," D. and E., City Manager Miller added "CRA - Powers and Duties," and "CRA Workshop." Under "ADMINISTRATIVE" K., Mr. Miller added "Model Block for Single Family Home Construction." Under "CONSENT AGENDA" K., Approval of Bills, Mr. Miller added two bills, namely, Siga, Inc. for $76,656.54 and Team Plan, Inc. for $1,746.90. Under "LEGAL," Other 5., City Attorney Cherof added "Lear Group - Retainage/Arbitration." Commissioner Weiner moved to approve the amended Agenda. Commissioner Olenik seconded the motion which carried 4-0. Presentation of Palm Beach County Officials Re: Local Option Sales Tax - Courthouse/Jail Projects Chief Judge Daniel Hurley asked the Commission to consider executing an interlocal agreement in connection with putting a proposition on the November ballot to add a ½ cent addi- tion to the sales tax in Palm Beach County for a five year period. This would allow the County to pay in full for the new County Courthouse and the addition to the County Jail. This would allow County taxpayers to save $190,000,000 in interest payments, if this can be paid for in this fashion. Judge Hurley explained about jail "caps," overcrowding and releasing some persons from jail. Other remarks were made about limited courtroom space. He remarked that the County - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 needed at least six major cities in this community to sup- port this and he asked the City to back a project that would benefit the entire County. County Commissioner Carol Elmquist remarked on the narrow scope of this proposal and the fact that over 3,000,000 annual tourists would assist in paying for these improve- ments. These tourists have an impact on the system. She felt this increase in sales tax would provide an opportunity to get away from over-reliance on property taxes. Many residents, exempted entirely by the Homestead Exemption, would be able to participate in paying for these improve- ments. Comments were made about the City of West Palm Beach expressing support for this concept. Discussion took place with County Administrator Jan Winters relative to the fact that bonds for the construction of the Courthouse and Jail will be sold in one week. The bonds are structured in such a way that as soon as the sales tax reve- nues come in, they could be used to retire the bonds. There is no pre-payment penalty on these bonds. The Commission wished to evaluate this proposal and also to allow Vice Mayor Wische time to consider it. Mayor Moore remarked the City would get back with the County as soon as possible with a formal decision. BIDS None. PUBLIC HEARINGS None. PUBLIC AUDIENCE No one wished to address the Commission under this segment of the meeting. Duplication in Board Appointments In connection with the City Attorney's recent ruling on duplication in Board appointments, Mayor Moore asked the City Clerk to notify the people that have dual appointments. The people should be allowed a week to respond on which board they prefer to remain. This would apply to board mem- bers that had been elected as well as those Commission appointed. At the next regular meeting, the Commission could consider filling any vacancies. - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 DEVELOPMENT PLAN: A. Project Name: Agent: Owner: Location: Description: Boynton Beach Promenade John Glidden, Project Architect C. S. of Texas, Inc. West side of North Congress Avenue, south of the Boynton (C-16) Canal SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for a change in parking lot layout and building elevations. (PREVIOUSLY TABLED) Commissioner Olenik moved that this topic be removed from the table. Commissioner Weiner seconded the motion which carried 4-0. City Manager Miller explained one of the reasons this had been tabled was because of concern as to the actual actions of the Community Appearance Board (CAB) at their June, 1990 meeting. Mr. Miller stated the CAB did accept these plans, subject to staff comments. The CAB had been concerned with tenant signage and wanted the signage brought back at a later date. The plans, in total, were approved. The Planning & Zoning Board had approved the plan. Staff recom- mended approval. Mr. Miller noted the applicant needed clarification on a few points. Don Jaeger, Building Official stated the CAB recommended approval of the site plan, subject to the sign program returning to the CAB at a later date. With this site plan, the applicant had proposed an entirely different sign program. Mr. Jaeger believed the CAB felt it was incomplete and they wanted to discuss it at a later date. He pointed out that should not hold up the site plan from moving for- ward. John Glidden with Oliver, Glidden & Partners remarked the issue at the CAB meeting was the question of maximum letter size. The applicant had agreed to bring that back to the CAB and to take that particular issue off the request for the time being. Relative to the water irrigation system, Mr. Glidden pointed out it was recommended that the project not use City water. He stated the project is currently on City water and they were not making any changes to the irrigation system. They would like to have that be a condition of the approval, that is, that they be allowed to leave the irrigation system as is. - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 Discussion ensued regarding the fact that City water is not allowed for use in irrigation of commercial projects. It was noted this project was built in 84/85. Mr. Glidden stated they were not the original architect on this. Jim Golden, Senior Planner recalled that some years back the City did allow projects to use City water for irrigation. Don Jaeger interjected it was a policy decision by the Utilities Dept. after this project was approved, to prohibit irrigation off of City water. The Utilities Dept. was now requesting that they go to a well and pump system. Other comments were made about the possibility of drawing water from the irrigation lakes in the vicinity of the Mall. Relative to the nature of the site plan modifications, Mr. Glidden stated they wanted to change the main entrance to the project on the south side, modify the landscape program, change signage and repaint portions of the window systems. The owner had not anticipated having to change over the irrigation system when he budgeted for these changes. Mr. Glidden remarked the existing project has 12 parking spaces facing the bank. The area behind the bank is "dead" and the applicant would like to "flip" those 12 spaces to face the retail, so people can park there and use the retail. Staff prefers to have the 12 spaces facing to the east. The applicant proposes having six spaces facing the retail and leaving six spaces as is, providing for an 80' clear depth with no backing out. Vince Finizio, Administrative Coordinator of Engineering understood Chapter 5-142 prohibited backing up of vehicles into a major driveway or aisle. As this was a Code require- ment, if he desired relief, he should do it through the variance procedure. Mr. Glidden responded the Code stipula- tes that is the case when your access point is on a right- of-way. He pointed out they were not on a right-of-way. This is a private drive. Normally 100' would be required where no cars back up. They were proposing 80'. The appli- cant did not interpret this as a Code requirement. Discussion took place. The City Attorney was asked to look into this. Commissioner Olenik moved to approve the site plan modifica- tions, subject to staff comments, with deferral of the irri- gation, signage and the attorney's determination on the parking stalls. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-16 Re: Repealing the Nuisance Abatement Board - 4 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 City Attorney Cherof read proposed Ordinance No. 90-16 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABOLISHING THE NUISANCE ABATEMENT BOARD; REPEALING ORDINANCE 90-2; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any public input. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved to adopt Ordinance No. 90-16 on second and final reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 4-0. B. Ordinances 1st Reading 1. Proposed Ordinance No. 90-18 Re: Concurrency Management City Attorney Cherof read proposed Ordinance No. 90-18 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH AMENDING CHAPTER 19 BY ADDING A NEW ARTICLE, ARTICLE VI. CONCURRENCY REQUIREMENTS; PROVIDING FOR TITLE, AUTHORITY, INTENT AND PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR MINIMUM LEVELS OF SERVICE ADOPTED FOR PUBLIC FACILITIES; PROVIDING THAT PUBLIC FACILITIES SHALL BE AVAILABLE FOR DEVELOPMENT PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE; PROVIDING FOR ADOPTION OF METHODOLOGY, FOR DETERMINING WI~ETHER CONCURRENCY REQUIREMENTS ARE MET; PROVIDING FOR ADMINISTRATION; PROVIDING FOR CERTIFICATION OR CONDITIONAL CERTIFICATION OF CONCURRENCY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONCURRENCY REVIEW BOARD; PROVIDING FOR APPEALS FOR CERTIFICATION; PROVIDING FOR APPEALS FOR EXEMPTION AND TIME EXTENSIONS; PROVIDING FOR CERTIFICATION OF CONCURRENCY OR EXEMPTION UPON REQUEST; PROVIDING FOR CONSTRUCTION; PROVIDING FOR SEVERABILITY; - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 PROVIDING FOR PENALTIES; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE." Commissioner Weiner moved to adopt proposed Ordinance No. 90L18. Commissioner Olenik seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 4-0. 2. Proposed Ordinance No. 90-19 Re: Parking Lots City Attorney Cherof read proposed Ordinance No. 90-19 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA AMENDING ARTICLE X. PARKING LOTS. SECTION 5-139.; PROVIDING A NEW SUBSECTION EXEMPTING EXISTING RESIDENTIAL PROJECTS FROM COMPLIANCE WITH THE PARKING LOT REGULATIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Weiner moved to adopt proposed Ordinance No. 90-19. Commissioner Artis seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Olenik Commissioner Weiner Mayor Moore Commissioner Artis Aye Aye Aye Aye Motion carried 4-0. 3. Proposed Ordinance No. 90-20 Re: Rezoning - Shoppes of Wootbright PCD - Tradewinds City Attorney Cherof read proposed Ordinance No. 90-20 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD LUI 5.0 (PLANNED - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 UNIT DEVELOPMENT) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved to adopt proposed Ordinance No. 90-20. Commissioner Weiner seconded the motion. City Attorney Cherof stated this was in agreement with the Settlement Stipulation Agreement. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Commissioner Weiner - Aye Mayor Moore - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 4-0. C. Resolutions Proposed Resolution No. 90-XXXX Re: Agreement between the School Board of Palm Beach County/South Technical Education Center and the City Boynton Beach Fire Department "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY/SOUTH TECHNICAL EDUCATION CENTER AND THE CITY OF BOYNTON BEACH FIRE DEPARTMENT, FOR THE RENEWAL TO THE EXISTING CONTRACT; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved for the adoption of proposed Resolution No. 90-XXXX. Commissioner Weiner seconded the motion which carried 4-0. 2. Proposed Resolution No. 90-YYYY Re: Racquet Center Fee Structure City Attorney Cherof read proposed Resolution No. 90-YYYY by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RECOMMENDED FEz STRUCTURE FOR THE RACQUET CENTER, WHICH WAS SUBMITTED AN~ APPROVED AS PART OF THE RACQUET CENTER MASTER PLAN ON AUGUST 2, 1988; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 Commissioner Weiner moved to adopt proposed Resolution No. 90-¥YYY. Commissioner Olenik seconded the motion. Charles Frederick, Director of Recreation & Parks stated that hopefully the facility would be under construction late in August. It would take approximately 4 to 6 months for completion. Discussion took place regarding the fact that fees have not been raised since 1982. Nine courts will soon be constructed, resulting in a total of 17. The Mayor called for a vote of all those in favor of the motion. The motion carried 4-0. 3. Proposed Resolution No. 90-ZZZZ Re: D~ug Free School Zones City Attorney Cherof read proposed Resolution No. 90-ZZZZ by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH DESIGNATING SPECIFIC AREAS WITHIN THE CITY AS "DRUG FREE ZONES"; PROVIDING FOR ADMINISTRATIVE ACTION REGARDING NOTICE AND POSTING; PROVIDING FOR DISSEMINATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved for the adoption of proposed Resolution No. 90-ZZZZ. Commissioner Weiner seconded the motion which carried 4-0. Signs will be installed to identify the "Drug Free School Zones" prior to the beginning of the new school year. Attorney Cherof stated the purpose of the Resolution is to assist the State Attorney's office in defining where the areas are. Brief remarks were made about School Crossing Guards being phased out by the County and whether the City had made back- up arrangements. Commissioner Olenik remarked the City hires the Guards and pays them. The City normally would receive reimbursement from the County. Proposed Resolution No. 90-AAAAA Re: Interlocal Agreement - Urban County Qualification Process City Attorney Cherof read proposed Resolution No. 90-A3~A~2~ by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 MAYOR AND CITY CLERK TO EXECUTE A CERTAIN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY, FLORIDA FOR THE PURPOSE OF PROVIDING FULL LEGAL AUTHORITY FOR THE COUNTY TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY URBAN RENEWAL AND PUBLICLY ASSISTED HOUSING; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXt{IBIT "1"; PROVIDING AN EFFECTIVE DATE; A~D FOR OTHER PURPOSES." Commissioner Weiner moved to approve proposed Resolution No. 90-AAAAA. Commissioner Olenik seconded the motion which carried 4-0. Other 1. Water Service Agreement for Ann Throgmorton's 8 acre' parcel of land on Hypoluxo Road & Military Trail 2. Water Service Agreement for Gary Kresserk's 5.5 acre parcel of land on Hypoluxo Road Commissioner Olenik moved for the approval of the Throgmorton and Kresserk Water Service Agreements. Commissioner Artis seconded the motion which carried 4-0. 3. Discuss entering into an agreement with the Exchange Club/Dick Webber Center reference use of office space in West Wing As outlined in City Manager Miller's Agenda Memorandum No. 90-193, once the West Wing renovation is complete, the Exchange Club/Dick Webber Center will be located on the second floor in the southeast corner of the building (where Code Enforcement has previously been located). Commissioner Weiner asked how many Boynton Beach families are served by the facility. Kim Abbott, Executive Director of the Center stated of 27 families being assisted, 10 are from Boynton Beach. As Commissioner Olenik is on the Board of Directors of the Dick Webber Center, he asked Attorney Cherof if he should abstain from the vote. Since he would not be profiting in any way from this, Attorney Cherof stated it was not necessary to abstain. The Commissioners were in favor of a one year lease. The Mayor stated this should be brought back with the proposed terms. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 4. Boynton Beach vs. Southern Entertainment Zoning and Si~n Board Cases/Attorney Fees City Attorney Cherof referred to Kerry Ezrol, Assistant City Attorney's memorandum dated June 27, 1990 to the City Manager on this topic. The recommendation was to resolve the two pending lawsuits and pay Attorney Michael Winer the sum of $34,950. Attorney Cherof pointed out the claims of Southern Entertainment exceeded $86,000. Don Jaeger, Building Official remarked the business had pulled all necessary permits for the renovations that were currently taking place. Commissioner Weiner moved to accept the recommendation of the City Attorney. Commissioner Olenik seconded the motion which carried 4-0. 5. Lear Group - Retainage/Arbitration City Attorney Cherof explained the City was currently involved in arbitration with the Lear Group, who did the construction on the Boynton Beach Childcare Center. The two day arbitration was tentatively scheduled for July 16 and 17, 1990. Discussion had taken place towards resolving this arbitration. City Attorney Cherof remarked there were claims with respect to both retainage which the City had been holding in the amount of about $76,000, overruns in the projected time for completion of the project, where the contractor was seeking delay damages and corresponding delay damages on the part of the City for the project not being completed on time. Recent discussion had focused primarily on the issue of retainage and change orders 6, 7 and 8. A tentative agreement had been reached to cancel the arbitration sche- duled because the other items may be resolvable as well. Commission consent was required to release the current retainage and to approve C.O. 6 ($363), C.O. 7 ($1,863) and C.O. 8 ($1,621). A check would be cut to Lear Group for retainage, plus the three change orders and the arbitration would be cancelled. A settlement meeting would take place on July 16, 1990 to resolve the outstanding issues regarding the balance between the City's delay claim and their delay claim. The City Attorney and City Manager both supported this recommendation. Commissioner Weiner moved to accept the recommendation of the City Attorney and City Manager. Commissioner Artis seconded the motion which carried 4-0. - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 OLD BUSINESS A. Holiday Parade - (Previously Tabled) The Commission was waiting for a survey from the Chamber of Commerce. Charles Frederick, Director of Recreation & Parks remarked Gary Ashcraft of the Chamber had asked that this topic remain tabled until the next regular meeting. This item was left tabled. B. Miller, Meier, for close out tion projects Kenyon and Cooper architectural services on the Seppala and Aho building construc- City Manager Miller reported in his Agenda Memorandum 90-195 that the City was approaching close out. The contractor was proceeding with this work task, however, the City had not seen evidence towards compliance with the close out procedure. Seppala & Aho's requests for additional change orders and field orders in the neighborhood of $336,000 had been reviewed. Miller, Meier had denied these as well as the Project Manager and Gee & Jenson. Unless Seppala & Aho provided justification for this additional work, the City Manager did not believe they should be paid. Discussion ensued. Relative to the architects' outstanding claims for addi- tional services, Mr. Miller remarked the City had approved payment of $175,000 of the $300,000. The architect had offered to assist the City in the close out process on an hourly basis. Mr. Miller recommended this. Commissioner Weiner moved to accept the recommendation of the City Manager. Commissioner Artis seconded the motion which carried 3-1. Mayor Moore voted against the motion as he was not satisfied with the the architects' qualifica- tions. Ce Request of Quantum Corporate Park for workshop session on the creation of a Special Assessment District and creation of a Tax Increment Financing District City Manager Miller had met several times with Quantum Corporate Park relative to financing that would involve a "hybrid 170" assessment district and afterwards a Tax Incremental Financing District. The Commission would need to determine if this was feasible. Quantum Corporate Park and their bond and tax experts desired to meet with the Commission in a workshop. This involved financing construc- tion of the proposed 1-95/N.W. 22nd Avenue Interchange. - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 The Commission wished to hold a meeting to discuss this sole item. Backup material was requested as well as recommen- dations from staff in this regard. The City Manager was asked to poll the Commission relative to selecting a date for the workshop. D. CRA Powers and Duties Mayor Moore remarked there was an inter-related problem with this in that two members of the CRA-Commercial had dual positions. He thought the Commission might want to defer this until those two people decide which board they wanted to remain on. Commissioner Weiner pointed out this topic had been discussed at the July 2, 1990 CRA meeting. The Commissioners in attendance at that meeting had agreed the Commission never intended to give authority to expend monies to this group. Monies expended should be the sole authority of the elected officials. The Commission did respect the time and effort invested in this board and hoped they would move forward. They were trying to work out some mechanism where CRA-Commercial requests for funding would be passed on to the Commission for final approval. The Assistant City Attorney had suggested the CRAs had not been properly set up in the first place. Discussion took place. The Mayor thought they should revert back to the Commission being both the commercial and residential CRA and call the volunteer group an ad hoc advisory committee or advisory board. Marvin Greenhut, member of the CRA-Commercial remarked about ideas proposed for Boynton Beach Blvd. such as a multi- cultural plazas, educational facilities, upgraded inter- national factory outlet stores and other ideas. Mr. Greenhut commented on Bill Fountain's proposal to assist the CRA in putting together a strategy plan for a set fee. He thought it had become an issue over the CRA's power to spend. Mr. Greenhut asked the Commission to approve the $3,500 requested for Mr. Fountain's assistance. Commissioner Weiner moved that the Commission direct the city Attorney to draft a Resolution to recede from previous action and to name the City Commission as both the commer- cial and residential CRA. Commissioner Artis seconded the motion which carried 4-0. E. CRA Workshop with Bill Fountain The City Manager pointed out that at the Joint CRA meeting on July 2, 1990, it had been requested that this topic be forwarded to the Commission. - 12 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 The Mayor thought they should reorganize first and then the Commission could address this. Commissioner Weiner referred to the recent resignation of Calvin Cearley and the possibi- lity of losing two others. She agreed this should be tabled for the time being. The Mayor stated they should consider the possibility of having an ad hoc committee rather than a board, with each Commissioner appointing someone to assist. It was reiterated that the Commission needed a choice from the people who were on two boards in time for the next meeting. If the Commission didn't hear from them, the Commission would arbitrarily decide what board they would be on. Commissioner Olenik wanted to retain the same CRA volunteers for the advisory board. The Mayor thought a new advisory committee should be appointed. Discussion ensued about the present Ordinance. To clear the air, the Mayor thought they needed to erase the prior action and the City Commission needed to be put back where it used to be. This should be done by Ordinance. Commissioner Olenik repeated he wanted to utilize the same people and he wanted it to be an advi- sory board. Mr. Greenhut remarked he would resign from the Community Relations Board in order to serve on the new board. Other remarks were made. NEW BUSINESS A. Items for discussion requested by Mayor Moore 1. Need for Property Annexations ~ayor Moore referred to editorial comments by the Palm Beach Post saying the Winchester situation was "totally flawed." The Mayor stated about $26,000,000 would be added to the tax base, if this goes through. Mayor Moore had been in touch With Dave Huddleston, Finance Director for the City of D~lray Beach. Delray Beach had approximately 3.9 billion in its tax base because they had gone forward and annexed as much commercial property as they could. Boynton Beach's tax base was 1.8 billion. By Delray Beach taking such a course, the tax millage had gone down to 6.4. Boynton Beach's tax millage is 7.8. The Mayor thought the only way to survive was basically to do this. The Mayor asked the City Manager to come up with facts/figures on this differential and to possibly see what Boca Raton is doing in this regard. Commissioner Olenik remarked that 18 months ago the Commission agreed to acknowledge the reserve annexation area out to the E-3 Canal. Other than some parcels along 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 Lawrence Road, Commissioner Olenik agreed the City had not done any annexation beyond the arbitary line which had been set about ten years ago. He wondered if residents in that area wanted to be annexed. The Mayor thought the passive policy had been to wait until properties requested annexation themselves. The Mayor wanted to get information in front of the Commission so they could discuss whether they wanted to try and actively induce people to annex in order to gain the tax base. The Mayor was basically referring to commercial properties. It was noted that most of the property west of the City is residen- tial. Discussion took place regarding the need for the par- cel to adjoin the City in order to annex. City Manager Miller indicated he would have staff draft some maps, provide assessed values, indicate what developments are located out west and what properties are developed/undeveloped. B. Local Option Sales Tax This topic was discussed at the beginning of the meeting. ADMINISTRATIVE A. Staff recommendation for selection of Actuarial Services - Self Insurance It was recommended that the City select the firm of Ernst & Young to perform actuarial services for the Self Insurance Fund and the Health Services Fund. Total cost for the ser- vices which were outlined was $11,500. Ernst & Young were looking for a two year contract with the City. Other quotes had been received from Kruse, O'Connor and Ling, Inc. and Coopers & Lybrand. Commissioner Weiner moved that the City retain Ernst & Young for actuarial services. The fee for services is not to exceed $11,500. Commissioner Olenik seconded the motion which carried 4-0. B. Rider to Site Plan Application City Manager Miller stated a one page Rider to Site Plan Application had been put together so developers could be held to plans submitted to the City. The City Attorney had prepared a memorandum dated June 29, 1990 relative to Developer's Agreements in coordination with Section 163 of Florida Statutes. The Mayor thought they were "skating on thin ice." - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 Since the Commission had not had an opportunity to review all paperwork fully, Commissioner Olenik moved to table the Rider to Site Plan Application. Commissioner Weiner seconded the motion which carried 4-0. Several minutes later, Maurice Rosenstock, Chairman of the Planning & Zoning Board remarked there were some major pro- jects that were pending approval, such as the Marina pro- ject, where the developer had voluntarily agreed to sign this type of agreement. He asked how something like this could be rejected. The Mayor responded there were legal questions in regard to trying to implement something over and above State Statute. Commissioner Olenik asked if a project wanted to voluntarily do something like this and hold themselves accountable, would representations like that be binding. City Attorney Cherof believed their representations were binding in the context of that type of public meeting. The issue of whether or not they should sign a Developer's Agreement, other than the agreement specified in Chapter 163, was the question. That was what his June 29, 1990 memorandum addressed. Other remarks were made. C. Consider approval of sign variances 1. Gateway Center City Manager Miller explained the applicant was asking to rearrange and add tenant signage to an existing free- standing sign that did not comply with the sign code. Mr. Miller recommended approval of the variance provided the square footage was within code compliance. Commissioner Weiner asked why the City Manager was overruling the Building Official's recommendation. Mr. Miller responded the Building Official follows the code spe- cifically. The City Manager personally didn't have a problem with a free-standing sign. When the sign ordinance comes before the Commission in the near future, he intended to recommend they seriously look at the free-standing sign concept. The City Manager was more concerned with sign height, size and setbacks. David Miller, representing the owner stated they wished to increase the existing signage area on the pylon sign 27 sq. ft. This would take it to approximately 107 sq. ft. The current sign code said it had to be under 160 sq. ft. The applicant wished to introduce an additional tenant's name as well as their own, onto the sign. The words "Gateway Centre" were being moved down to the pylon portion of the - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 sign. There would be a cream colored background with either black or dark brown lettering. After some discussion, David Miller was agreeable to changing the colors of all the indi- vidual signs on the free-standing sign, so there would be uniformity. Commissioner Olenik moved to approve the variance, subject to staff comments. Commissioner Weiner seconded the motion which carried 4-0. 2. Gentleman Jim's Restaurant City Manager Miller explained the applicant was proposing the addition of 16.65 sq. ft. of signage to an existing 50 sq. ft. free-standing sign. Applicant proposed an interchangeable reader board under the business name. Several of the Commissioners were not in favor of reader board signs and discussion took place. Commissioner Weiner moved to deny this sign variance. Commissioner Olenik seconded the motion. Henry Solomon, owner of Gentleman Jim's made remarks about other restaurants in the area that had approved reader board signs and he thought his restaurant should be allowed the same. Discussion took place. The Mayor called for a vote of all those in favor of the motion to deny the variance. The motion carried 3-1. Commissioner Artis voted against the motion. Consider State of Florida - Dept. of Transportation Right-of-Way Purchase Agreement - West Treatment Plant - State Road 804 As outlined in Vincent Finizio, Administrative Coordinator of Engineering's Memorandum No. 90-183, the State of Florida had offered the City $13,000 for land and $4,000 for an appraisal performed in connection with a 10' wide strip of land fronting Boynton Beach Blvd. which was to be utilized as a de-acceleration lane into the future West Treatment Plant. The City Manager and Mr. Finizio recommended the City support this agreement. Commissioner Weiner moved to approve the recommendation and accept the $17,000. Commissioner Artis seconded the motion which carried 4-0. E. Consider replacement to fill vacant position - Community Relations Board - Term expires 4/92 - Appointment to be made by Commissioner Bob Olenik (Previously Tabled) - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 Commissioner Olenik moved to remove this topic from the table. Commissioner Weiner seconded the motion which carried 4-0. Commissioner Olenik wished to move alternate member Elizabeth Collins up to a regular member. There were no objections. F. Accept resignation from Calvin L. Cearley Community Redevelopment Agency-Commercial Commissioner Weiner moved to accept Mr. Cearley's resigna- tion. Commissioner Artis seconded the motion which carried 4-0. In view of CRA reorganization which was discussed earlier in the meeting, Mr. Cearley will not be replaced for the time being. G. Arbitrage City Manager Miller stated the 1986 Tax Reform Act requires excess interest earnings over bond yield to be rebated to the U.S. Dept. of Treasury. It was recommended that Peck, Shaffer & Williams be utilized to provide arbitrage rebate computations for the City regarding the 1986 Public Service Tax Revenue Bond Issue. This recommendation was made pur- suant to the contents of the firm's May 14, 1990 letter to the City. The fee for this service would be $2,650. Commissioner Olenik moved to authorize Peck, Shaffer & Williams for arbitrage rebate calculations, not to exceed $2,650. Commissioner Weiner seconded the motion which carried 4-0. H. Utility Rate for Water/Wastewater City Manager Miller remarked at the June Commission Workshop meeting, staff had been asked to get with David M. Griffith and Associates to come up with a modified inverted rate schedule C. This had been done and was before the Commission. The City Manager was looking for authorization to proceed with development of an Ordinance. Commissioner Olenik thought if they were trying to implement a conservation type of rate, the higher you go up, the per- centage increase should be greater and yet the paperwork in front of him indicated it would be less. This was also recommending the same rate whether you are commercial or residential. Comments were made to the effect that con- dominiums in the City would be penalized by this rate struc- - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 ture. Commissioner Olenik thought you have to look at an inverted rate structure by different types of users. He didn't think this material was equitable nor did he feel it reflected what the Commission wanted. The Mayor agreed and thought more study should go into this. Commissioner Olenik moved to table this topic. Commissioner Weiner seconded the motion which carried 4-0. I. Request to obtain eight property appraisals and eight appraisal reviews for properties located in the CRA resi- dential redevelopment area A list of the vacant properties involved had been supplied the Commission and was attached to Johnnetta Broomfield, Director of Community Improvement's Memorandum ~90-087. Ms. Broomfield stated they were hoping the appraiser and the appraisal review would cost less than $10,000. Otherwise, they would have to go out for formal bid on this. Ms. Broomfield stated over 30 appraisers would be sent the notice. Mayor Moore stated regardless of the estimated costs, he would prefer to see this go out to bid. He asked if a cer- tain area had been targeted. The City Manager remarked that would be addressed later in the meeting, under ADMINISTRATIVE K. City Manager Miller stated they were asking for authoriza- tion to go forward on the appraisals and appraisal reviews through the RFP process. Title searches could be done through the City Attorney's office. The City would have to seek proposals from realtors to assist the City in purchasing this. Commissioner Olenik moved to authorize this procedure. Commissioner Weiner seconded the motion which carried 4-0. J. Consider approval of design change - Hester Park, Sports lighting specifications Charles Frederick, Director of Recreation & Parks stated the request was to make design changes for the sports lighting system in the Park. The fee for the design architects would be $730. Pole height would be changed from 120' to 90' Fixtures would be changed from 1,000 watt to 1,500 watt, thereby reducing the number of fixtures. This should result in a savings of about $30,000. Commissioner Olenik moved to approve the design changes. Commissioner Weiner seconded the motion which carried 4-0. 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 K. Model Block for Single Family Home Construction City Manager Miller stated they were asking for the develop- ment of a model block for single family home construction. The target area is bounded by the C-16 canal on the north, N.E. 12th Avenue on the south, Seacrest Blvd. on the west and N.E. 1st Street on the east. Ms. Broomfield stated dollars from Housing and Community Development were to be used for land acquisition. The cost for appraisals, the realtor and the purchase price will be coming out that $250,000. The Commission was being asked for permission to proceed. Before anything was awarded, it would have to come back for Commission approval. The Commission was agreeable to what the City Manager proposed. CONSENT AGENDA A. Minutes t. Regular City Commission Mtg. Minutes of June 19, 1990 2. Budget Workshop Meeting Minutes of June 21, 1990 Commissioner Weiner pointed out a correction should be made to the June 21, 1990 Minutes on page 2, line 2. It should be corrected to "Vice Mayor Wische and Commissioner Artis." B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Cleaning and Re-painting of the South Eimco Envirotech Potable Water Clarification Unit The Tabulation Committee recommended awarding the bid to Ram Industrial Coatings, Inc., Jacksonville, Florida in the amount of $13,999.00. 2. Sale of Surplus Radio Equipment The Tabulation Committee recommended awarding the bid to the highest lump sum bidder, C. W. Wolfe Communications of Billings, Montana, in the amount of $3,250.00. C. Resolutions 1. Proposed Resolution No. 90-BBBBB Re: Final Plat - Replat of Lawrence Groves - Hovnanian Companies - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 City Attorney Cherof read proposed Resolution No. 90-BBBBB by caption only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR A RE-PLAT OF LAWRENCE GROVE, PLAT NO. 1, IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS PREVIOUSLY RECORDED IN CURRENT PALM BEACH COUNTY RECORDS IN PLAT BOOK 60, PAGES 21 thru 23." D. Development Plans None. E. Consider approval to purchase one (1) toxic gas detector - Utilities Dept. As outlined in William Sullivan, Purchasing Director's memorandum dated June 19, 1990 to the City Manager, purchase was recommended of the Neotronic Toxic Gas Detector from Safety Equipment Co. of North Miami Beach in the amount of $1,675.00. F. Consider approval of temporary signage First Presbyterian Church The Building Department recommended approval of temporary signage for the Church's Annual Fall Arts and Crafts Festival, subject to certain criteria. The recommendation is outlined in Don Jaeger, Building Official's Memorandum No. 90-271 to the City Manager. G. Consider approval of request for refund Boynton Beach Memorial Park, Cemetery Lot 103 - Block I Doris M. Saenger requested a refund of $100.00 on cemetery Lot 103, Block I, Boynton Beach Memorial Park. Consider approval of request to transfer Cemetery Lots 298 A & B and 299 A & B, Block O - Boynton Beach Memorial Park Addition %1 Penny Alexander requested permission to transfer cemetery Lots 298 A & B and 299 A & B, Block O, Boynton Beach Memorial Park Addition %1, to her son Steve Alexander. Io Consider approval in advance for disentombment Edward Klingman requested approval'in advance for the disen- tombment of his first wife, Ada Klingman, at some future date, when he passes away, so they can both be moved up north together. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 J. Reaffirm awarding of bid for spike proof carpet at the Municipal Golf Course As outlined in William Sullivan, Purchasing Director's Memorandum 99 to the City Manager, a new Purchase Order has been issued to the next low bidder, Jack Walsh Carpets & Rugs, Inc. for $12,770.00. This is for the Porter-La Costa carpet specified. K. Approval of Bills See list attached to the original copy of these Minutes in the Office of the City Clerk. In connection with item ~10, a payment to Gee & Jenson, Commissioner Otenik asked for a year-to-date listing of how much had been paid to Gee & Jenson. The City Manager indi- cated he would provide this listing. Mr. Miller remarked the City would soon be going out for RFP for general engi- neering purposes. Commissioner Olenik abstained from voting on item ~15, a payment to Motorola, Inc. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the City Clerk's office. Discussion took place regarding item ~19, a payment to Petroleum Management, Inc. The City Manager pointed out this was in connection with the removal of a metal storage tank which had been in the ground. In connection with item 31, a payment to Prudential-Bache Capital Funding, it was noted they are no longer the City's financial advisor. Originally their bill had been for $12,728 with an additional $30,850. The City Manager referred to a letter from Prudential-Bache requesting payment of $4,000 to $5,000. Mr. Miller stated he went over that bill, item by item with the Finance Director and could only approve $3,000 of it. Mr. Miller stated this was all he intended to pay them. Mayor Moore remarked he wouldn't pay them that, unless they agreed to sign a release. At the very beginning of the meeting City Manager Miller added two bills to this list. One was a $76,656.54 bill from Siga, Inc. The other was a $1,746.90 bill from Team Plan, Inc. Commissioner Weiner moved to approve the Consent Agenda. Commissioner Olenik seconded the motion which carried 4-0. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 3, 1990 ADJOURNMENT The meeting properly adjourned at 7:45 P.M. CITY BEACH Mayor ATTEST: · )- ~ - Commi s s ion~-r Cit~ Clerk -- r Recording Secretary (Two Tapes) Commissioner - 22